Recording of February 18, 2021 Conference Call With Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member

Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ'S will be addressed first and these FAQ'S will be posted in our immigration.com FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here.
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: 04 March 2021
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
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NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
 
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H-1B holder owning illegal stocks

Hello Sir, thank you for what you do for the community, Its greatly appreciated..
Is owning Cannabis Stocks is illegal for H1B holders? does it going cause any problem for H1B Renewals and/or green card processing? or any sort of immigration issue?
I'm on H1B & Previously I owned few cannabis stocks which are USA & Canada based companies, now I have sold them.. If owning these stock is illegal, what are consequences & what are options to resolve any possible future implications? kindly answer thank you..
 
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B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country

Hi Rajiv,
Thank you for doing the community service call.
My mother and sister have B2 (Tourist Visa) which expires in February 2022. My mother is a domestic abuse victim. Because of their situation I asked them to fly to the USA to temporarily keep them safe . They have received death threats after they came here and is unable to return. Their B2 visa will expire in February 2022.

I became a PR holder in July 2019. Is there any way I could sponsor my mother to keep her safe till I become a citizen in 2022?

My aunt (my mother's sister ) filed for I-130 for my mom in 2014. Is there anyway to expedite it due to the situation they are in now?

Should we apply for a student visa for my sister (age 18) that way she can stay here with my mother?

Can a US citizen sponsor my mother for an H2B visa as a caregiver ?

When should we apply for a b1/b2 extension? How likely is it to get that approved?

I’m trying to figure out a way to keep them safe legally till I become a citizen.
Thank you for your help.
 
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Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer

Hi Rajiv Ji,
Thanks for your help. Truly appreciate it .

I was working for a company A but last year 2020 :

Company A merged/acquired by Company B. They are amending the I-140 but also Company B closed permanently GC PERM work site location and asked to work from home for all employees. Company B exists in other locations(MSA) ,so job exists but not at the work site mentioned in the PERM location(MSA).

My GC.EB2 Category with Priority Date 2013. Did not downgrade to EB3 in October 2020

Q1 .Is it possible to amend the PERM labor certification work site location while they are amending I-140 when there is company merge/acquisition situation.?

Q2. What are the consequences for employees who were not able to downgrade to EB3 when GC PERM work site location is closed and moved to different MSA ? Perm has this description (travel to unanticipated location,we relocate employees as needed through out USA for projects.)

Q3. Company B is amending I-140 like I mentioned earlier but currently amendment is not done and its still on Company A's name, Now if I do H1 Transfer with New-Company C and start the green card process all over again , will I able to port the same priority date to new I-140 with the new Company C . Do you see any issues here because I-140 amendment is not completed because of the company acquisition ? as of now I-140 is Still with Company A's name, as far as I know amendment was not done.

Q4. my Current Priority date is in EB2 and after my H1 transfer for some reason, If new company C is willing to file in EB3 only and not in EB2 then Can I still be able to port the same Priority date as it was in EB2 ?

Q5. If I start the green card process PERM all over again with new company C and for some reason PERM get rejected or audited, can I use the old approved I-140 to extend my H1-B for 3 more years.

H4-Question :
Wife's H4 is pending from last 6 months with COMP B. Is it ok now to transfer the H1 to new job at COMP C and get H4 from a COMP C .Do you see any issues ? What will happen to pending H4 with current COMP B ?

Thanks
 
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H-4 to F-1 change of status and aging out

Dear Rajiv,
My son is turning 21 this year August. He is currently on H4 dependent visa and is a full time student. As per your recommendation I filed the application for his F1 visa, and also he is included in the I-485 petition filed in Nov'20 as part of the EB3 downgrade. My question is if the USCIS does not adjudicate his F1 change of status petition in time before he turns 21 in Aug 20, can the I-140 processing time used for extending his H4 status, hoping the change of status will complete by that time. If so how will I do this? On another note, the USCIS, extended the I-797 approval for my wife to the same period when my son turned 21, just for a few months, is this normal?

Thanks
 
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Different I-94 expiration date on I-797A

Hello Rajiv,
Expiration date of i-94 for both me(H1B) & my spouse(H4) is NOT same on the I-797A (at the bottom of the page) & on the most recent I-94 downloaded from CBP. Expiry date on the most recent I-94 is 09/06/2019 whereas the expiry date on I-797A is 08/10/2021.
I have also noticed that MY I-94 numbers are different on both these documents where is my spouse’s I-94 numbers are same. Note that I have travelled outside the country after my current H1-B was approved but my spouse didn’t.

Which I-94 considered to be valid?
If the most recent I-94 considered valid , then does it mean we BOTH are out of status? Or it just me (since I have travelled outside country after H1B was approved)?
What steps needs to be taken to resolve this?
Our current H1B & H4 expiry date is 07/31/21, should the H1/H4 extension application should be filed after the I-94 issue resolved?
Kindly clarify, thank you.
 
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I-485 downgrading from EB-2 to EB-3

Hi Rajiv

Question on I-485 -downgrading from EB2 to EB3
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My 140 is approved in EB2 and I-485 is pending less than 180 days now. When my EB2 priority dates for “Date of Final action” becomes current in EB3, I am planning to down grade from EB2 to EB3. I would like to know what are the application process and procedure for doing this downgrade.?

Below are my questions.

a) When we do downgrade from EB2 to EB3, filing I-140 for EB3 is sufficient and is this called “Inter-filing” from EB2 to EB3.? OR do we also need to file another I-485, 765 and I-131 for EB3 as well?

b) If i want to downgrade from EB2 to EB3, can i or my dependents use EB2 EAD during this time of downgrade or marrying to EB2 EAD and Advance Parole (AP) will loose my EB2 queue and will not allow me to switch aback to EB2.?

c) What will be the application fee and lawyer fee involved for this EB3 downgrade process, if you can give me a ball park fee amount that would be great.?

I appreciate all your service and help.

Thank you in advance.
 
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EAD-AC21-Self Porting

Hi Rajiv

I am currently working on EAD and waiting for my GC. Does AC21 allow me to take a lower salary/position job with another employer in the similar software field and in same city. For example, from Senior Software Engineer to Software Engineer.

Personally doing this to reduce work stress and have a better work life balance.

Thanks
 
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Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program

Hi Rajiv,

I am a 2021 DV winner who is documentarily qualified and waiting for the interview to be scheduled. My full name in the passport and all civil documents is,

Gopalan Harish Kamal Gopal

in where,
Gopalan is my family name and,
Harish Kamal Gopal is the given name.

However, when filling the original Diversity visa entry, I have mistakenly filled the form as below considering the order of my name.

Firstname: Gopalan
Middle Name: Harish Kamal
Lastname: Gopal

On the confirmation in DV status check, my name appears as Gopalan Harish Kamal Gopal.

I have filled the name field in the DS-260 form in the correct way as,
Family Name: Gopalan and,
Given names: Harish Kamal Gopal.

Also, I have added the alias "Gopal" and the name "Harish Kamal" in the other names section since my educational certificates use the name "Harish Kamal Gopal".

Emails received from KCC addressed to me as "Gopalan Gopal".

I have seen this is as a critical error, but do you think we stand a chance? If our visas got refused, will that be a problem when applying for a student visa to a different country?

Could you also explain the meaning of "Failure to accurately include all the required information will result in mandatory disqualification of your entry." in DV instructions? Does that mean the DV entry will be disqualified based on the information provided or the disqualification will take place at the time of the interview?

Thanks,

Please be kind enough to advise me on this matter.

Thanks in advance.
 
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Issues when priority date for EB-2 is getting closer to cut off

Hello Rajeev Sir,

My priority date for Eb2 is Dec 2009 which is getting closer to the cut off (feb bulletin- oct 2009). Recently, again completed the medicals. I do not have any documents from my prior employer. Few questions

1. Does uscis call for interview (for any priority date)?

2. Is it safe to do an FOIA requests from Uscis for i140/i485 documents or will raise any concerns now that the dates are very close?

3. Any idea how much time would it take to reach end of Dec 2009 in eb2?

4. Should a downgrade option from eb2 to eb3 be considered at this point? Or it is wise to wait in eb2?

Thank you.
 
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Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status

Hello sir,

I am seeking your advice for possible scenarios after my PD becoming current in July 2020 and responding to RFE based on EB2 India I485 adjustment of status. Background: I am the primary applicant and my wife is derivative of EB2 India based adjustment of status application. We both have EAD and we both also maintain parallel H1Bs with our respective employers.

My EB2 India priority date became current in July 2020 and I sent the paperwork (Supplement J, medical, and other forms) to USCIS in July 2020. Since then, the only thing I have received is a notice from USICS is I797 notice of action for I485 Supplement J and Notice Type: Receipt Notice Fee Waived. I have not received the approval of Supplement J or anything else. We are having to apply for our EAD renewals in the meantime and drivers’ licenses will also need to be renewed. This was 3rd time responding to USICS with medical tests, job letter/Supplement J, etc. while waiting for our green card.

Since I don’t know how long it may take for USCIS to make a decision or if I have to file all paper work again if 1 year expires (since medical forms are only valid for 1 year), and since there are good opportunities for both me and my wife for better jobs, I want to know our options to switch jobs: For myself:

 After responding to RFE, while waiting for a response, do you recommend switching or wait it out until I receive a response? My new employer may not be willing to file for H1B transfer and I have already used all 6 years of H1B (kept filing extensions since the last 10 years waiting for PD) so I will only have my EAD.
 If you think it’s okay to switch now, is it okay to switch a job which is not in the same state /nearby state (move from East coast to West coast)?
 If/when I switched (same/similar occupation, better salary) should I file another Supplement J proactively?
 Do I need to do anything else or any other risks I need to keep in mind?
 Hypothetically -- After I received my Green Card, how much ‘wait time’ is typically recommended before it is safe to switch jobs? And does that have to be in the same/similar occupation or can I switch to other field of work/ start a business – without any impact on the eventual Citizenship process?

For my wife:
 I believe since she is my derived beneficiary, she has more flexibility to switch and she can switch. If this is not accurate, please let me know?
 My wife got her H1B approved only in 2020 quota so she is still in year 1 of H1B. If her new employer is not willing to transfer H1B right away, can she still ‘activate’ H1B at a later date, if/when the new employer is convinced to transfer – this is so she has a parallel H1B status in case the adjustment of status ran into any issues.
 Anything else my wife needs to keep in mind? Thank you for your time.
 
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Questions regarding L-1A visa extension or renewal expiration while GC pending

Hi Rajiv

You are doing a great help to the immigration community. I have been following you since >4 years on twitter and recently connected on LinkedIn as well. I truly appreciate your work.

My Scenario:
My wife is on L1A entered in April 2015. We went to India only once and that's for only 30 days. Her L1A extension renewal is till November 2021. Now, her employer is still not confirmed if they do GC or only final 5-6 month extension or nothing at all. Assuming she gets her GC processed in EB1(c) category in the month of Mar or April this year (2021):

(Still her employer haven't decided about processing GC for not only her's but the entire set of employees and if it takes more than our permitted VISA time)

Questions:
1. Should we go back to India and return to the US once it is approved?
(If not)
2. Once we go back to India, the GC process gets invalid?
(Or)
3. Is there any way around to stay in the US until the GC process completes?
4. In this scenario, is there a premium processing to speed up the process to get GC process completed quickly than anticipated?

Thank you.
 
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EAD and AP Renewal under Category (c)(9) - Receipt notice delays

Dear Rajiv Sir,

I applied for EAD/AP renewal under C(9) category in Nov 2020, have courier tracking with delivery; however, still have not got receipt notice. I understand there are delays in receipt notices but this seems extraordinary. My current EAD/AP is valid until April 2021. What can be done to get the receipt notice or card soon as I no longer have non-immigrant visa status.
 
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I-140, EB-2 NIW visa approved: Estimate time taken for an interview

Hi Rajiv,
Thanks for your help. Truly appreciate it .

My form I-140 EB-2 NIW visa was approved on May 2020. I'm just wondering how long it will take interview to be scheduled? And what is the percentage of interviews waiving in this visa category due to pandemic?
 
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